U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
qffice of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church. Virginia 220./I

USICE/DHS Litigation/ULS
15 Governor Drive
Newburgh, NY 12550

Name: LEWIS, TAFARI ST AUBYN

A 210-109-301

Date of this notice: 1/5/2016

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

[)OWtL C

(1/\A)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Tafari St. Aubyn Lewis, A210 109 301 (BIA Jan. 5, 2016)

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LEWIS, TAFARI ST. AUBYN

14 A 4317/A210-109-301
ALTONA C. FACILITY
555 DEVILS DEN ROAD
ALTONA, NY 12910

U.S. Department 'Of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A2 l O 109 301 - Napanoch, NY

In re: TAFARI ST. AUBYN LEWIS

Date:

JAN - 5 2016

APPEAL
ON BEHALF OF RESPONDENT: Pro se
ON BEHALF OF DHS: Daniel W. Kelly
Assistant Chief Counsel
APPLICATION: Remand
The respondent, a native and citizen of Jamaica, appeals from the Immigration Judge's
September 29, 2015, decision, ordering him removed from the United States. The Department of
Homeland Security (OHS) opposes the appeal. The record will be remanded for further
proceedings.
We review Immigration Judges' findings of fact for clear error, but questions of law,
discretion, and judgment, and all other issues in appeals, de novo. 8 C.F.R. 1003.l(d)(3).
Considering the totality of the circumstances presented in this case, we will remand the
record to the Immigration Court for further proceedings. The record evidence indicates that the
respondent previously filed a petition to remove the conditions on his residence (Form I-751)
pursuant to section 216(c)(4) of the Immigration and Nationality Act ("the Act"), 8 U.S.C.
1186a(c)(4) with the DHS' United States Citizenship and Immigration Services (USCIS). The
USCIS subsequently denied the Form I-751 after the respondent failed to respond to a request for
evidence (Exh. 2). At the respondent's removal proceeding on September 29, 2015, the
Immigration Judge did not inform him that, notwithstanding his divorce, he has the right to file a
renewed Form I-751 under section 216(c)(4)(B) of the Act. The federal regulations require an
Immigration Judge to inform the respondent of any relief from removal for which he may be
eligible. See generally 8 C.F.R. 1240.11; see also Matter of Cordova, 22 l&N Dec. 966,970-71
(BIA 1999) (discussing the Immigration Judge's duty to inform aliens as to forms of relief they
may be "apparently eligible"). Thus, we find remanded proceedings warranted to allow the
respondent the opportunity to file a renewed Form I-751. At the present time, we express no
opinion regarding the ultimate outcome of these proceedings at the present time.
Accordingly, the following order will be entered.
ORDER: The record is remanded to the Immigration Court for further proceedings
consistent with this order and the entry of a new decision.

Cite as: Tafari St. Aubyn Lewis, A210 109 301 (BIA Jan. 5, 2016)
,,,+&fu

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IN REMOVAL PROCEEDINGS

File: A210-109-301

September 29, 2015

In the Matter of

TAFARI ST. AUBYN LEWIS

RESPONDENT

)
)
)
)

IN REMOVAL PROCEEDINGS

Section 237(a)(1 )(D)(i)

CHARGES:
APPLICATIONS:

ON BEHALF OF RESPONDENT: Pro Se

ON BEHALF OF OHS: Dan Kelly

ORAL DECISION OF THE IMMIGRATION JUDGE

The following items have been marked into evidence in this case: Exhibit 1
is the Notice to Appear.I. dated May 6, 2015; Exhibit 2 is RFespondent's assorted
immigration records, including a copy of his visaJ. a-A4-parts of his passport.:.i a form 1-94.:.i
a copy of his lawful permanent resident cardJ. and the decision of U.S. Citizenship and
Immigration ServicesJ. dated August 6, 2014, denying his respondent's fform 1-751 and
terminating his status as a conditional lawful permanent resident.
At hearings before the Coourt, Rfespondent confirmed receipt of the

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UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
NAPANOCH, NEW YORK

Notice to Appear and admitted to all allegations contained therein. Based on

Rfespondent's admissions and Exhibit 2, the Ceourt finds that the loan charge of

Respondent is a native and citizen of Jamaica who was a lawful

permanent resident of the United States on a conditional basis, but has since had his
conditional residency terminated under the provisions of the Immigration and Nationality
Act. Accordingly, respondent he does not appear at this time to be eligible for any form
of relief or protection that would possibly allow him to remain in the United States.
Respondent advises the court that he is 24 years old.1..:=--Mhe is divorced from a United
States citizeni-.:-Fthe has no childrenJ. and both of his parents reside in Jamaica.
Respondent advises the Ceourt that he is not afraid of returning to Jamaica:
Mb.owever, he would like to remain flefe-in the United StatesJ. as he came here to make
a better life for himself and there is more opportunity in this country than in Jamaica.
Given the facts of this case, Rfespondent does not appear eligible to apply for
cancellation of removal under Section 2408 of the Immigration and Nationality Act.
He is not eligible for Ceancellation AJ. as he is no longer a lawful permanent resident of
the United States and he does not have sufficient time within the United Statesi-.-and he
is not eligible for Ceancellation B, again, because he does not have sufficient time in the
United States and also, because he does not have a qualifying relative. Respondent is
unable to apply for adjustment of status under the provisions of Section 245 of the Act
as he has no one who can sponsor him for a visa, such that one would be immediately
available to him.:_ 8and while Respondent was like to remain here in the United
States, he has not set forth a prima facie claim to any form of relief or protection that
would be covered by the filing of a form 1-589, be that relief for protections thel1 asylumJ.
under Section 208 of the Act or withholding order for all of removal, whether under
A210-109-301

September 29, 2015

Immigrant & Refugee Appellate Center, LLC | www.irac.net

removability has been established by clear and convincing evidence.

Section 241 (b)(3) of the /\ct or the Convention Against Torture. Accordingly, for the
foregoing reasons, the following order is hereby entered in this case-:-

IT IS HEREBY ORDERED that Rfespondent be removed from the United

States based upon the charge set forth within the Notice to Appear. The CGourt
designates Jamaica as the country for removal.

Please see the next page for electronic

signature

A210-109-301

ROGER F. SAGERMAN
Immigration Judge

September 29, 2015

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ORDERS

//s//
Immigration Judge ROGER F. SAGERMAN

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sagermar on November 17, 2015 at 1:52 PM GMT

A210-109-301

September 29, 2015